On August 8, 2019, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of the prosecutors of the Specialized Anti-Corruption Prosecutor`s Office (SAPO) gave notices of suspicion to six persons involved in introduction of the so-called "Rotterdam+ formula" that resulted in 18.87 billion UAH of losses to electricity consumers.
Among the suspects, there are:
- ex-Head of the National Commission for State Regulation of Energy and Public Utilities (hereinafter — NCSREPU)
- current Director of the State Enterprise (SE) “Market Operator” (at the moment of introduction of the so-called “Rotterdam+ formula” was a member of the NCSREPU)
- Head of the Unit of the NCSREPU
- Head of the Department of the NCSREPU
- Deputy Commercial Director of one of private company of group's private companies – main operators of the Ukrainian heat generating market
- Director of the Department of one of the companies of mentioned private companies group's.
The abovementioned persons are suspected of committing crimes under Part 2 Article 364 of the Criminal Code of Ukraine (Abuse of office). The representatives of private companies acted as accomplices in the crime.
One of the suspects - ex-member of the NCSREPU was detained. Location of four suspects (ex-Head of the NCSREPU and representatives of the private companies) is being established. They were given notices of suspicion in accordance with Article 278, Article 135 of the Criminal Procedure Code of Ukraine.
The investigation found out that in 2015 the representatives of private companies groups started to pressure the NCSREPU executives. They demanded to include in the price for electricity costs that were not actually paid. It was cost of delivering and transferring coal to Ukraine from ports in Europe.
In March 2016, the NCSREPU agreed to this proposal and provided for non-existent costs in the formula that calculated the price for all thermal generation.
As a result, the electricity prices for industry, social infrastructure, and entrepreneurs increased. These companies suffered the financial burden of paying an unreasonable tariff. This had led to the price increase of goods and services for the final customer.
The investigation revealed that during 2016-2017 electricity consumers suffered 18.87 billion UAH losses. The private companies-initiators of introduction of the so-called "Rotterdam+ formula" received 14.3 billion UAH.
Pre-trial investigation as of the abovementioned facts is carried out by the NABU Detectives from March 2017. The investigative actions are in progress. Other persons involved in the commission of a crime are being established.
According to Article 62 of the Constitution of Ukraine a person is considered not-guilty in commission of crime and cannot be a subject to criminal punishment, until he or she is found guilty by the court.